After privatisation?
The many autonomies of private law
in Critical theory and legal autopoiesis
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The last twenty years have seen an important shift in the pattern of public service provision throughout the countries of the OECD. There has been a transfer of responsibility from the public to the private sector across a range of services. But what will market mechanisms do to the public interest aspects of these services? This chapter puts forward two alternative claims: (1) The crucial problem is not how to compensate for the loss of the public interest in privatisation but how to move out of the reductive public/private dichotomy itself and make private law responsive to a plurality of diverse ‘private’ autonomies in civil society; (2) the adequate reaction to privatisation is not to impose public law standards on private law but to transform private law itself into the constitutional law of diverse private governance regimes, something which will ultimately lead to its far-reaching fragmentation and hybridisation.

Critical theory and legal autopoiesis

The case for societal constitutionalism

Editor: Diana Göbel


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